The Defendant was on two separate felony probations for felony possession and manufacturing of cannabis (marijuana). On February 16, 2008, the defendant was arrested for Possession of Cocaine with Intent to Deliver or Sell at the Seminole Hard Rock Hotel and Casino in violation of the probations listed above based on an anonymous tipster inside of the Hotel. Based on the tip, two uniformed officers approached the Defendant and grabbed him out of line as he waited in front of a nightclub and found 17 separate baggies of cocaine in his pocket after an alleged consensual search. Our firm subpoenaed the videotape that monitored the lines entering the nightclub, which clearly reflected that the manner in which the officers seized the defendant was unlawful and unconstitutional and would have caused all evidence (cocaine) to be suppressed in both the probation violation cases and the new felony cocaine case. Accordingly, the State conceded and dropped the new felony case and dismissed all warrants for the violations of probation. The defendant was facing a maximum 30 years in prison and a minimum of 4 years.
DUI & Criminal Division
